Maiorana, P.C.

How do I protect my Business Name?

Clients sometimes ask whether they can register a Federal Trademark for their business name.

The short answer is - sort of.

Your business name and the goods and services you provide are different. Simply registering a business is not enough to get Federal Trademark protection. The name used with the goods and services provided are the key to whether you can obtain a Federal Trademark. There is sometimes overlap.

If you are building a brand, investing in advertising, and hoping customers can find you, you will want to make sure you have properly protected your business name and your trademark so no one else can use them. New business owners may be confused about the difference between registering a business name with the state and filing for a trademark.

When you apply to be a corporation or a limited liability company (LLC), the secretary of state’s office checks to make sure that your proposed business name has not already been claimed by another company in your state. Every state has its own laws about new business names (e.g., how much difference there must be between a proposed name and other business names). Once your LLC or corporation application is approved, your name is protected in the state, so some other business will not be able to form an LLC or corporation with the same name in that state.

However, a business that operates as a sole proprietorship or partnership could still use the name. The sole proprietorship or partnership just would not be able to register as an LLC or corporation with that name. In addition, registering your name with the state has no impact on what happens in other states. Another business could use your same name in another state, even incorporating or forming an LLC in another state using the same name.

Depending on your business type and model, protecting your brand at the state level might be sufficient. However, if you plan on expanding nationwide, selling your products/services across the country, or are just concerned that a partnership might use your name, then you should protect your brand on a federal level with a trademark.

Trademarks and business names are treated differently, in that the U.S. Trademark Office, and many states, will refuse to register a business name in its entirety as a trademark. For example, The Coca-Cola Company is a Delaware corporation and has trademarks including Coca-Cola® and Coke®. However, under U.S. trademark law the U.S. Trademark Office would refuse to register “The Coca-Cola Company” as a trademark based on it being the name of the corporation in its entirety. If you look closely, you won't see “The Coca-Cola Company” on a can of soda. Rather, you see Coke® or Coca-Cola®. The distinction is important for a sophisticated business.

New business owners who want to avoid wasting time, effort, and money, should seek advice from a trademark attorney/lawyer before filing a trademark application.

Call to set up an appointment to talk to one of our trademark attorneys. MI - 586-498-0670 or CA - 408-890-6549.